Sunday, June 01, 2003

Proof that Roe was a bad idea from the misbegotten start: When concluding sentences like this are common:

So far, the fight over fetal and embryonic rights is in a delicate stalemate. Each side risks overreaching. One government department that handles family-planning funds is already marshaling evidence about whether various birth-control methods—like the pill or IUDs—work by interfering with implantation of an embryo in the uterus. Trying to crack down on birth control may be a step too far. But arguing against “Laci and Conner’s Law”—which Congress will likely pass—could also be a losing battle. For now, with the majority of Americans behind it, Roe remains the law of the land. The question is whether the law can protect fetuses without eroding the rights their mothers fought so hard to win.
If you have to rely on the sufference of "a majority" of Americans for a "right" protected by the Constitution, it's probably not a right protected by the Constitution, and it's ultimately as malleable as the popular will demands.

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